Intestate Succession in Tennessee
State-specific overview · Estate & Probate
Tennessee prioritizes the surviving spouse, who may receive the entire estate if no descendants exist.
How Tennessee treats Intestate Succession
If the deceased has a spouse but no children, the spouse inherits everything. With both spouse and children, the spouse receives one-third and children split two-thirds. Tennessee law (Tenn. Code Ann. § 31-2-104) establishes this order clearly. If no spouse survives, children inherit equally; if no children, parents, then siblings inherit in statutory order.
The general definition of Intestate Succession
The legal process of distributing a deceased person's property when they leave no valid will.
If someone dies without a will (or with an invalid will), state law determines who inherits their property. Each state has a set order of priority—usually spouse first, then children, then parents, then siblings. The court appoints an administrator to manage the estate and follow these statutory rules, even if the deceased person's wishes were different.
Read the full Intestate Succession entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Tennessee.